House Bill 3245c1

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    Florida House of Representatives - 1998             CS/HB 3245

        By the Committee on Real Property & Probate and
    Representatives Livingston, Casey, Smith, Byrd, Kelly, Heyman,
    Ogles, Arnold, Culp, Hafner, Crow, Brown, Fasano, Bainter,
    Cosgrove, Flanagan, D. Prewitt, Sembler, Edwards, Albright,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to the Florida Mobile Home Act;

  3         amending s. 723.003, F.S.; revising the

  4         definition of "pass-through charge"; amending

  5         s. 723.012, F.S.; clarifying pass-through

  6         charges for vacant lots or undeveloped phases;

  7         providing for amendment to the prospectus;

  8         amending s. 723.078, F.S., relating to bylaws

  9         of howeowners' associations; revising

10         provisions relating to the number of members

11         which constitutes a quorum; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (10) of section 723.003, Florida

17  Statutes, is amended to read:

18         723.003  Definitions.--As used in this chapter, the

19  following words and terms have the following meanings unless

20  clearly indicated otherwise:

21         (10)  The term "pass-through charge" means the mobile

22  home owner's proportionate share of the necessary and actual

23  direct costs and impact or hookup fees for a governmentally

24  mandated capital improvement, which may include the necessary

25  and actual direct costs and impact or hookup fees incurred for

26  capital improvements required for public or private regulated

27  utilities. The mobile home park owner's proportionate share

28  shall be that portion of actual direct costs and impact or

29  hookup fees attributable to governmentally mandated capital

30  improvements that serve or will serve empty lots, property of

31  undeveloped phases, and any property used and maintained by

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    Florida House of Representatives - 1998             CS/HB 3245

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  1  the park owner not occupied by a mobile home owned by a mobile

  2  home owner.

  3         Section 2.  Paragraph (c) of subsection (9) of section

  4  723.012, Florida Statutes, is amended to read:

  5         723.012  Prospectus or offering circular.--The

  6  prospectus or offering circular, which is required to be

  7  provided by s. 723.011, must contain the following

  8  information:

  9         (9)  An explanation of the manner in which the lot

10  rental amount will be raised, including, but not limited to:

11         (a)  Notification of the mobile home owner at least 90

12  days in advance of the increase.

13         (b)  Disclosure of any factors which may affect the lot

14  rental amount, including, but not limited to:

15         1.  Water rates.

16         2.  Sewer rates.

17         3.  Waste disposal rates.

18         4.  Maintenance costs, including costs of deferred

19  maintenance.

20         5.  Management costs.

21         6.  Property taxes.

22         7.  Major repairs or improvements.

23         8.  Any other fees, costs, entrance fees, or charges to

24  which the mobile home owner may be subjected.

25         (c)  Disclosure of the manner in which the pass-through

26  charges will be assessed. Any person who rents a vacant lot or

27  a lot in an undeveloped phase may be required to pay the

28  pass-through charge that was the obligation of the park owner

29  at the time the pass-through charge was initially assessed.

30  The prospectus for the mobile home park may be amended to

31  require that the homeowner pay the proportionate share of any

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    Florida House of Representatives - 1998             CS/HB 3245

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  1  pass-through charge as defined in this act, if the prospectus

  2  or rental agreement delivered to the homeowner did not

  3  disclose that obligation in accordance with the definition in

  4  this act.

  5         Section 3.  Paragraph (b) of subsection (2) of section

  6  723.078, Florida Statutes, is amended to read:

  7         723.078  Bylaws of homeowners' associations.--In order

  8  for a homeowners' association to exercise the rights provided

  9  in s. 723.071, the bylaws of the association shall provide for

10  the following:

11         (2)  The bylaws shall provide and, if they do not,

12  shall be deemed to include, the following provisions:

13         (b)  A majority of the members shall constitute a

14  quorum unless the bylaws of the homeowners' association

15  provide that a lesser number of members constitutes a quorum.

16  Decisions shall be made by a majority of members represented

17  at a meeting at which a quorum is present.  In addition,

18  provision shall be made in the bylaws for definition and use

19  of proxy.  Any proxy given shall be effective only for the

20  specific meeting for which originally given and any lawfully

21  adjourned meetings thereof.  In no event shall any proxy be

22  valid for a period longer than 120 days after the date of the

23  first meeting for which it was given. Every proxy shall be

24  revocable at any time at the pleasure of the member executing

25  it.

26         Section 4.  This act shall take effect October 1 of the

27  year in which enacted.

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    Florida House of Representatives - 1998             CS/HB 3245

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                         ADDITIONAL SPONSORS
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  4  Morroni, Jones, Andrews, Brennan, Goode, Kosmas, Jacobs,

  5  Dockery, Harrington, Wiles, K. Pruitt, Littlefield and Effman

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